The attached Policy for the Implementation of Police and Child Abuse Background Checks (the "Background Checks Policy" or the "Policy") is intended to make clear that all priests, deacons, religious, pastoral ministers, administrators, staff and volunteers in the Archdiocese of Philadelphia who have or will have regular contact with minors in the course of their work for the Archdiocese are required to undergo police and child abuse background checks. All such individuals are considered Church Personnel for purposes of the Policy and these procedures.
The Policy is also intended to provide clear direction on screening Church Personnel whose background checks contain reports of enumerated offenses.
The Policy requires all Church Personnel, including men and women religious and volunteers, who have regular contact with children in the course of their work for the Archdiocese to obtain the specified background checks. Regular contact with children is defined as contact with children at least one time per week on a routine and repeated basis. In cases where there is doubt as to whether an individual comes within this definition, err on the side of caution and obtain the reports.
For purposes of this Policy, all clergy incardinated into the Archdiocese and all clergy with Archdiocesan assignments, are required to obtain these checks, regardless of the regularity with which they have contact with children.
1. Who is Responsible for Administering the Process of Obtaining Background Check Reports?Priests, Deacons, and Members of Religious Orders
The Office of the Secretary for Clergy and the Office of the Vicar for Religious shall be responsible for administering the process of securing the required background checks for all priests, deacons, and members of religious orders serving the Archdiocese.
Parish Personnel and Volunteers
The pastor, with the assistance of the principal for parish school-related personnel and volunteers, shall be responsible for administering the process of securing the required background checks for all parish personnel and volunteers who have regular contact with children, including all lay school personnel and volunteers, parish youth program personnel and volunteers, and CCD program personnel and volunteers.
Archdiocesan Office Staff
The Human Resources Offices shall be responsible for administering the process of securing the required background checks for all Archdiocesan Office Center and related site personnel and volunteers who have regular contact with children.
Secondary Schools
The Office of Catholic Education shall be responsible for administering the process of securing the required background checks for all school personnel and volunteers who have regular contact with children.
Office for Youth and Young Adults
The Office for Youth and Young Adults shall be responsible for administering the process of securing the required background checks for the Neumann Conference Center personnel and volunteers who have regular contact with children.
Newman Apostolate
The Archdiocesan Director of the Newman Apostolate shall be responsible for administering the process of securing the required background checks for all Newman Apostolate personnel and volunteers who have regular contact with children.
Catholic Social Services and Catholic Health Care Services
The Secretariat for Catholic Human Services shall be responsible for administering the process of securing the required background checks for all Catholic Social Services and Catholic Healthcare Services personnel and volunteers who have regular contact with children.
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In cases where non-parish or non-Archdiocesan personnel and staff who have regular contact with children are routinely on site in connection with parish or Archdiocesan-related activities, the persons and offices responsible for obtaining reports are also required to obtain copies of the required reports from the employer of such individuals.
Copies of background check reports for priests, deacons, and members of religious orders serving in the Archdiocese can be obtained from the Office of the Secretary for Clergy and the Office of the Vicar for Religious.
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2. Which Background Check Reports Must Be Obtained?The Policy clearly specifies which reports are required:
All Church Personnel are required to undergo (i) a Pennsylvania State Police Request for Criminal Record Check and (ii) a Pennsylvania Department of Public Welfare Child Abuse History Clearance.
All Church Personnel residing outside Pennsylvania or who have moved from outside Pennsylvania at least two (2) years immediately preceding the date of application for employment for the Archdiocese are also required to undergo an FBI fingerprint check.
3. How Do I Obtain The Reports For My Church Personnel?
Attached to these Procedures are copies of the following forms:
(i) Pennsylvania State Police Request for Criminal Record Check (Form SP-4-164);(ii) Department of Public Welfare Child Abuse Clearance Statement (Form CY-113); and(iii) Instructions for Completing an FBI Fingerprint Card.
Additionally, the Policy states that the Pennsylvania State Police Criminal History Background Check can be obtained expeditiously by using the Pennsylvania Access to Criminal History (PATCH) System. This is an internet-based system that provides the necessary Pennsylvania State Police Report electronically. The site is located at www.psp.state.pa.us/patch.
Note that there is no comparable internet-based system for obtaining the Department of Public Welfare Clearance Statement or the FBI fingerprint check record. The actual stock fingerprint card can be obtained from the Office of Catholic Education or the Human Resources Office.
Have personnel and volunteers complete the forms and return them to you for submission. (If the PATCH system is used, complete the process yourself on the website.)
For currently working personnel and volunteers, the cost for obtaining these reports should be borne by the parish, school, or applicable office of the Archdiocese to whom the personnel and volunteers report.
The costs for renewed reports required by the Policy every five years should also be borne by the parish, school, or applicable Archdiocesan office overseeing the personnel and volunteers.
All new personnel and volunteers who are hired after the Policy and these Procedures are implemented should pay for obtaining these reports.
In the case of volunteers, the parish, school, or applicable Archdiocesan office may wish to bear the cost of obtaining all such reports.
As of May 2003, the costs for these reports are:
(i) Pennsylvania State Police Criminal History Background Check--$10.00.(ii) Department of Public Welfare Clearance Statement--$10.00.(iii) FBI Fingerprint Card Check--$24.00 for paid positions, $18.00 for unpaid positions.
First and foremost, you are to review the reports to determine whether the reports reflect any Reported Enumerated Offenses as those offenses are defined in the Policy:
Reported Enumerated Offenses means (i) a report of conviction for an offense relating to criminal homicide, aggravated assault, kidnapping, harassment and stalking, unlawful restraint, rape, statutory sexual assault, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, indecent assault, indecent exposure, incest, concealing death of child, endangering welfare of children, dealing in infant children, prostitution and related offenses, obscene and other sexual materials and performances, corruption of minors, sexual abuse of children, felony offenses under the controlled substance, drug, device and cosmetic act, or an out of state or federal offense similar in nature to these Pennsylvania crimes; or (ii) a founded or indicated report of child abuse on the Pennsylvania Department of Public Welfare's Child Abuse History Clearance Statement.
When a report contains an Enumerated Offense, you are to act on it in accordance with the Policy:
Church Personnel whose Pennsylvania State Police Request for Criminal Record Check, Pennsylvania Department of Public Welfare Child Abuse History Clearance, and/or FBI fingerprint check states that the person is a perpetrator of an Enumerated Offense shall be immediately removed and subject to termination.
Prospective Church Personnel whose background checks states that the person is a perpetrator of an Enumerated Offense shall not be hired or retained.
If there are any questions about your required course of action and any related questions, contact the Human Resources Office ((215) 587-3910) for guidance.
All background check reports of personnel and volunteers are to be maintained in your central office indefinitely. This procedure includes keeping reports that have been superceded by newer reports. The reports should be kept as confidential records and should not be released to anyone who has no reason to know their contents.
Also be certain to have a clear method of determining when new reports must be obtained under the Policy. For example, make certain that your office tracks when reports must be renewed every five (5) years for every person required to have these reports.
To assure proper record keeping and tracking, create a master list of personnel and volunteers providing service to you, containing the following information, and follow these record keeping steps:
5. What Do I Do With An Applicant While The Reports Are Being Processed?(i) Check all current records for personnel and volunteers who have regular contact with children to determine what background check reports exist.(ii) For such personnel and volunteers who have the required background check reports and those reports are less than five (5) years old, no new reports are required until five (5) years from the date of the existing reports.(iii) For such personnel and volunteers who do not have the required background check reports, or in cases where the required reports are over five (5) years old, new reports are required.(iv) New reports are to be obtained every five (5) years from the date of the existing reports.(v) New reports are required for all personnel and volunteers who have had a one (1) year break in continuous service.(vi) Identify staff who will be responsible for maintaining these records, and review with your staff these Procedures;(vii) Create and maintain a master list of all personnel and volunteers;(viii) Identify on the list all personnel and volunteers who have regular contact with children in the course of their work;(ix) For personnel and volunteers who have regular contact with children in the course of their work, determine which reports you possess, and note the dates of the reports on the list;(x) Train your staff to track which personnel and volunteers are required to obtain renewed reports;(xi) Note on the list when the reports need to be renewed, and note on the list the date 45 days before to initiate the process of obtaining renewed reports.(xii) Retain copies of all reports, even ones that are superceded by renewed reports, in personnel files.
Ideally all Church Personnel should have reports in place before providing service. The Policy covers those situations when such Prospective Church Personnel begin service:
Prospective Church Personnel hired on a provisional basis while the background checks are being processed shall be screened as follows:
Prospective Church Personnel may work on a provisional basis for no more than 30 days in the case of Pennsylvania residents or 90 days in the case of non-Pennsylvania residents from the time employment is commenced while the Pennsylvania State Police, the Department of Public Welfare, and/or the FBI are processing the background checks. The Archdiocese shall utilize the Pennsylvania Access to Criminal History (PATCH) System to obtain Pennsylvania State Police criminal history background checks expeditiously. If the required reports are not obtained within this time, the provisional Church Personnel must be removed immediately.
Before the provisional Church Personnel can begin working while the background checks are being processed, he or she must first attest in writing that he/she is not a perpetrator of an Enumerated Offense. The provisional Church Personnel cannot work alone with children, and must always work in the immediate vicinity of a qualified Church Personnel pending receipt of the background check clearances.
If the reports state the provisional Church Personnel is the perpetrator of an Enumerated Offense, he or she must be removed immediately and terminated.
If you have any questions about the treatment of Prospective Church
Personnel under the Policy, contact the Human Resources Office
((215)
587-3910) for guidance.
If you are unsure in any way whether the reports reflect Reported Enumerated Offenses, contact the Human Resources Office ((215) 587-3910) for guidance.